Pinnacle Multicare Nursing and Rehabilitation Center: Restraint Citation

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Pinnacle Multicare Nursing and Rehabilitation Center has received a total of 29 citations for being in violation of public health code between 2018 and 2021 after the Rye nursing home was inspected 7 times by state surveyors.

Pinnacle Multicare Nursing and Rehabilitation Center received 29 citations for violations of public health code between 2018 and 2021, according to New York State Department of Health records accessed on May 20, 2022. The Rye nursing home’s citations resulted from a total of seven inspections by state surveyors. The violations they describe include the following:

1. The nursing home did not adequately protect residents from the use of physical restraints. Section 483.10 of the Federal Code stipulates that nursing home residents have the right “to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident’s medical symptoms.” A July 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes an instance in which a resident “was observed with a lap buddy that had not been identified as a restraint.” In an interview, the facility’s Director of Nursing said that “the use of devices with this resident had been questioned in the past,” but the facility’s occupational therapist had told its nursing staff that the device “was not a restraint as the resident was able to remove it.” In a separate interview, the resident indicated that “they are not able to remove the lap buddy and staff has to take it out.” A plan of correction undertaken by the facility included the reassessment of the resident and updating of their documentation to reflect the use of the lap buddy.

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The Rye nursing home was cited for not protecting the residents from the use of physical restraints, they did not provide the residents with a safe and sanitary environment, which is required by Federal Code, and the nursing home  did not keep the facility free of pests and rodents.

2. The nursing home did not provide residents with an adequately safe and sanitary environment. Section 483.90 of the Federal Code requires nursing homes to ensure “safe, functional, sanitary, and comfortable environment for residents, staff and the public.” A July 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes staff bathrooms that had “brown stained floor tiles, cracked ceiling tiles, rusted ceilings, toilet paper holders in disrepair, a cracked trash can, and loose shelving.” In an interview, the facility’s housekeeper said they had not noticed any issues with one of the bathrooms. A plan of correction undertaken by the facility included the cleaning of the bathrooms and the in-servicing of housekeeping staff.

2. The nursing home did not adequately control pests. Section 483.90 of the Federal Code stipulates that nursing homes must “Maintain an effective pest control program so that the facility is free of pests and rodents.” A July 2021 citation found that Pinnacle Multicare Nursing and Rehabilitation Center failed to ensure such. The citation specifically describes a resident room that “was noted with numerous flies on multiple occasions,” including in a bathroom drain area and wall. A plan of correction undertaken by the facility included the cleaning and disinfecting of the room, as well as the counseling of housekeeping and nursing staff.

The attorneys at the Law Offices of Thomas L. Gallivan, PLLC work diligently to protect the rights of nursing home residents.  Please contact us to discuss in the event you have a potential case involving neglect or abuse.

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